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- Info
Fivas vs. Norconsult
Case overview
| Date filed |
22
August
2014
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| Current status |
Accord
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| Issue |
Norconsult’s lack of due diligence in Malaysia
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| Summary of the case |
The Murum and Baram hydropower projects are part of the Sarawak Corridor of Renewable Energy (SCORE)-programme initiated by the Malaysian Government. Sarawak is one of the two Malaysian states on the island of Borneo and the largest of Malaysias 14 states. The population of Sarawak consists of several indigenous groups, many of the groups in the interior of Sarawak are affected by logging and large infrastrucutre projects. The indigenous peoples most affected by the Murum and Baram dams are the Penan, Kenyah and Kayan communities, many of which have either already been forced to relocate due to the construction of the Murum Dam or will be displaced if construction of the Baram Dam is approved. The company Sarawak Energy Berhad (SEB) is the primary developer of both hydropower projects.
Norconsult, through its subsidiary company NorPower, has provided technical advice and assistance to both the Murum and Baram projects and is thus considered linked to the adverse human rights and environmental impacts of the dams through its business relationship with SEB. FIVASs complaint contends that Norconsult failed to conduct appropriate due diligence to identify, prevent and mitigate the impacts caused by the dams.
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| Developments/Outcome |
The Norwegian NCP conducted an initial assessment and accepted the case in January, 2015. After agreeing on the terms for mediation, both parties accepted the NCPs offer of good offices and engaged in mediation in April, 2015.
The mediation was successful and resulted in a joint agreement and commitment by Norconsult to respect the right to free, prior and informed consent (FPIC) of indigenous communities affected by projects to which it is linked (in accordance with ILO Convention 169 and the UN Declaration on the Rights of Indigenous Peoples (UNDRIP)). Norconsult also committed to implementing a full human rights due diligence procedures in order to avoid and minimise the adverse impacts of major hydropower projects on human rights and the environment. |
| Relevant OECD Guidelines |
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| Case keywords |
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NCP Information
Complainant
Company Information
| Company responsible |
Norconsult
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| Company address |
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| Company website |
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| Company in violation |
Norconsult
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| Country of operations |
Malaysia
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| Other companies involved |
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Timeline of developments
| Date |
Actor |
Action |
Description |
Document |
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23
June
2015
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National Contact Point Norway |
statement |
NCP issues final statement |
download pdf
(532Kb)
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2
June
2015
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National Contact Point Norway |
joint statement |
Joint Statement by Norconsult AS and FIVAS |
download pdf
(505Kb)
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1
January
2015
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National Contact Point Norway |
accept |
NCP issues initial assessment |
download pdf
(871Kb)
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10
October
2014
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Norconsult |
letter |
Response by Norconsult to NCP |
download pdf
(275Kb)
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22
August
2014
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Association for International Water Studies |
file |
FIVAS's complaint to the Norwegian NCP. |
download pdf
(679Kb)
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